Can I take action if a caregiver stole money or property from my elderly relative in Georgia?

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Theft or financial exploitation of an elderly person by a caregiver is taken seriously in Georgia, and a family has both civil and criminal avenues to respond. Financial abuse is recognized alongside physical and emotional abuse as a form of elder mistreatment, and the law provides ways to seek both accountability and recovery of what was taken.

Recognizing financial exploitation

Financial abuse covers more than outright theft of cash or belongings. It can include misusing a power of attorney, forging checks or signatures, making unauthorized withdrawals or charges, coercing changes to a will or accounts, and taking property under pressure or deception. Warning signs include unexplained withdrawals, missing valuables, sudden changes to financial or estate documents, new names added to accounts, and a caregiver who isolates the relative from family.

Georgia’s Long-term Care Facility Resident Abuse Reporting Act, O.C.G.A. § 31-8-80 et seq., addresses the reporting of exploitation as well as abuse and neglect for residents in long-term care facilities, reflecting that financial mistreatment is part of the protected concern.

Reporting and the criminal track

Theft and financial exploitation can be crimes. The conduct can be reported to law enforcement for investigation and possible prosecution, and where the victim is a vulnerable adult, exploitation can also be reported to adult protective authorities. A criminal case is separate from any civil action, and a criminal proceeding may result in an order of restitution to repay the victim. For a relative who lives in a long-term care facility, a report can also trigger a regulatory investigation, and the ombudsman program can assist.

Civil claims to recover losses

A family or the affected person can pursue civil claims to recover the misappropriated money or property. Depending on the facts, these may include claims for conversion, fraud, breach of fiduciary duty by someone who held a position of trust such as an agent under a power of attorney, and, where a facility employed the caregiver, claims for negligent hiring, supervision, or retention. The facility’s own failures, like inadequate background screening or ignoring complaints, can support direct liability.

Useful evidence includes bank and account records, the relative’s financial and estate documents, the power-of-attorney paperwork, transaction histories, and personnel records for an employed caregiver. Any civil claim is subject to Georgia’s applicable limitation period, so timing should be evaluated promptly.

The bottom line

Yes, a family can take action when a caregiver steals money or property from an elderly relative in Georgia. The conduct can be reported for criminal investigation and possible restitution, reported to protective and regulatory authorities, and pursued through civil claims to recover the losses, including claims against an employing facility for its own negligence. Financial records and the relevant documents are central to both tracks.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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